Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:24388] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6217/2026 URN: CRLMB / 11126U / 2026 Sakir S/o Gafur, Aged About 38 Years, R/o Khandevala, Police Station Pahari, District Deeg (Rajasthan) (At Present Accused Is Confined In District Jail Deeg). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 6218/2026 URN: CRLMB / 11128U / 2026 Ammar S/o Abdul Mazid, Aged About 19 Years, R/o Pahari, Police Station Pahari, District Deeg (Rajasthan). (At Present Confined In Sub Jail, Deeg). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Arafat Hussain Mohd. Shakir Khan For Respondent(s) : Mr. Vivek Sharma, Addl. G.A.
HON'BLE MR. JUSTICE BIPIN GUPTA
Judgment / Order 02/07/2026
1. The present bail applications have been filed under Section 483 of BNSS, 2023 against the order dated 16.04.2026 passed by the learned Additional Sessions Judge Kama, District Deeg in Criminal Misc. Case Nos.538/2026 & 537/2026 respectively, whereby the bail applications of the petitioners were rejected in
[2026:RJ-JP:24388] (2 of 3) [CRLMB-6217/2026] connection with F.I.R. No.82/2026, Police Station Pahari, District Deeg for the offences under Sections 318(4), 319(2), 338, 336(3), 340(2), 308(2), 61(2)(A) of the BNS, 2023, and Sections 66D of the Information Technology (Amendment) Act, 2008.
2.
Learned counsel for the petitioners submits that there are no criminal antecedents against the accused-petitioners of having committed any offence of similar nature or any other nature.
3.
Learned counsel for the petitioners submits that the challan in the case has already been filed and the conclusion of trial will take sufficiently long time and even the offences are triable by the Magistrate, therefore, he prays that the petitioners may be enlarged on bail as the accused-petitioners are in custody since
28.03.2026.
4. Learned Additional Government Advocate vehemently opposes the bail applications.
5. Heard learned counsel for the petitioner and learned Additional Government Advocate and perused the material available on record.
6. Without expressing any opinion on the merits of the case and upon consideration of the submissions advanced, and particularly the fact that challan has been filed; all the offences are triable by Magistrate; the conclusion of investigation/trial is likely to take a considerable time; there are no criminal antecedents against the accused-petitioners of having committed any offence of similar nature or any other nature, this Court is of the opinion that the bail applications deserve to be accepted.
7. Consequently, the bail applications are allowed. It is ordered that the accused-petitioners namely (i) Sakir S/o Gafur
[2026:RJ-JP:24388] (3 of 3) [CRLMB-6217/2026] and (ii) Ammar S/o Abdul Mazid arrested in connection with F.I.R. No.82/2026, Police Station Pahari, District Deeg, shall be released on bail; provided each of them furnish a personal bond of Rs.1,00,000/ (Rs. One Lakh Only) with two sureties of Rs. 50,000/- (Rs. Fifty Thousand Only) each, to the satisfaction of the learned Trial Court, with the stipulation that they shall appear before the said Court on all dates of hearing and as and when called upon to do so until completion of the trial, subject to the following conditions: (i) The petitioners shall not leave country without the permission of the Court; (ii) The petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected; (iii) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; and (iv) In the event the petitioners are found involved in any other cyber fraud case in the future, the prosecution shall be at liberty to move an appropriate application before the learned trial Court for cancellation of the bail granted herein.
(BIPIN GUPTA),J 29-30/MAHIMA